Citation Nr: 20041446 Decision Date: 06/17/20 Archive Date: 06/17/20 DOCKET NO. 17-47 146 DATE: June 17, 2020 ORDER Entitlement to service connection for a left ankle disability is granted. FINDING OF FACT A left ankle disability did not exist prior to service and is shown to have had its onset in service. CONCLUSION OF LAW The criteria for entitlement to service connection for a left ankle disability have been met. 38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (2019). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service with the U.S. Army from October 1943 to January 1946. This case comes before the Board of Veteran’s Appeals (Board) on appeal from a January 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). When this matter was previously before the Board in November 2019, the case was remanded for further development, to include attempts to secure additional private medical records. Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). To establish entitlement to service-connected compensation benefits, a Veteran must show: “(1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service-the so-called “nexus” requirement.” Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2010) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)). Service connection may also be granted for disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease or injury was incurred in service. 38 C.F.R. § 3.303(d). Determinations as to service connection will be based on review of the entire evidence of record, to include all pertinent medical and lay evidence, with due consideration to VA’s policy to administer the law under a broad and liberal interpretation consistent with the facts in each individual case. 38 U.S.C. § 1154(a); 38 C.F.R. § 3.303(a). In making all determinations, the Board must fully consider the lay assertions of record. A layperson is competent to report on the onset and continuity of his current symptomatology. See Layno v. Brown, 6 Vet. App. 465, 470 (1994) (a Veteran is competent to report on that of which he or she has personal knowledge). The Board is charged with the duty to assess the credibility and weight given to evidence. Madden v. Gober, 125 F.3d 1477, 1481 (Fed. Cir. 1997), cert. denied, 523 U.S. 1046 (1998); Wensch v. Principi, 15 Vet. App. 362, 367 (2001). The Veteran contends that his current left ankle disability was related to an in-service injury he had while playing softball; he reported injuring both ankles falling on a slope or cliff immediately prior to shipping out. Service treatment records (STRs) documented extensive treatment for the right ankle, but the sole notation regarding the left came at separation. The Veteran had a scar on the left palatial and a left shin fracture in January 1946. Post service treatment records demonstrated that the Veteran complained of left ankle pain. On May 2017 statement, the Veteran wrote while he was playing softball he fell over a cliff and twisted his ankle. He indicated that he could not do his regular duties. He noted that he could no longer handle heavy weapons. He indicated that after his injury he was given limited duties such as guarding the regimental interpreter. After his in-service injury he continued to have pain in his lower leg and ankle. He indicated that he was treated at the VA and was treated for his left shin. He indicated that was not able to walk without his walker and most of the time he used a wheelchair. He wrote that he was not able to give the approximate date but was able to say it happened when he was the 38th Division. In July 2017, the Veteran was afforded a VA examination. The Veteran was diagnosed with lateral collateral ligament sprain. He indicated that his ankle condition was from a severe injury, specifically rolling of the ankles during physical activities while in-service. He was treated for his condition with wrapping of the ankle, crutches, and medication. The examiner noted that he reviewed the Veteran’s claims file. He opined that the Veteran’s left ankle disability was less likely as not incurred in or caused by military service. His rationale for his opinion was there was no available STRs indicating that the Veteran had a left ankle condition, and chronicity was not shown. This suggested the condition was due to a post-service event. In May 2018, the Veteran testified that he injured his ankle in-service while playing baseball. He indicated that he had ankle pain since then. He testified that he was an attorney after service so he hardly did anything that would injure his ankle. The Board finds the negative VA medical opinion is not entitled to great probative weight, as it is based on a lack of documented treatment, and ignores the competent and credible lay statements of the Veteran regarding the continuity of his symptoms. The examiner in fact even ignores the left shin fracture in January 1946. Given the Veteran’s competent and credible reports of long standing left ankle problems, current findings are consistent with the injury and complaints documented, service connection for a left ankle disability is warranted. All reasonable doubt is resolved in favor of the Veteran. 38 C.F.R. § 3.102. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Baxter The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.